Song lyrics and brand names in fiction

While song lyrics and brand names might seem like the same issue, they’re actually covered by two different areas of legislation. This means that authors should approach each area a little differently.

Song lyrics

Song lyrics, for example, are an issue of copyright (unless, that is, the writer makes up the song lyrics specifically for their story). This means that including even a short snippet of a well-known song in a published novel could potentially land the author in hot water: the author could be sued for copyright infringement!

While authors can always ask for permission to use a lyric (or part of a lyric) in their work, this is often more trouble (and expense) than it’s worth. This is why I usually advise authors to make up their own lyrics. Making up your own lyrics can also be a fun way of enhancing the reader’s experience of the story world.

This article provides a wealth of information on the subject: https://blog.bookbaby.com/how-to-write/writing-tips/lyrics-in-books-your-questions-answered. Although it primarily refers to U.S. Copyright Law, the general information is applicable elsewhere.

Brand names

Brand names are covered by trademark legislation, which is different to copyright. This means that authors mainly need to be aware of how they’re presenting the brand in their stories. If an author is simply mentioning the existence of a brand in passing, in a neutral or even positive way, then they’re probably fine. (Think: She picked up a box of Kleenex at the store on her way home. Or: Valerie loved visiting Starbucks on the weekend with her friends.)

If, however, that brand is being shown in any kind of negative (or potentially negative) way, then this could be a problem. (Think: Cindy hated drinking Maxwell House coffee. It tasted disgusting. Or: The dinginess of Peter’s local Tesco store… .) This could then be seen as defamation (the writer slandering the brand’s name/reputation).

Of course, sometimes it's more complicated than that. Maybe the bad guy works for a Mercedes dealership, for example. Does that then show Mercedes in a bad light? If in any doubt whatsoever, get legal advice. Or make up a company name!